Wholesaling Real Estate Contract Template for Austria

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Key Requirements PROMPT example:

Wholesaling Real Estate Contracts

"I need a Wholesaling Real Estate Contract for a commercial property in Vienna that I'm purchasing from ABC GmbH for €2.5M with the intention to resell within 6 months; the contract should include flexible assignment rights and must be compliant with Austrian property laws for quick resale."

What is a Wholesaling Real Estate Contract?

Wholesaling Real Estate Contracts in Austria are specialized agreements used when a buyer intends to purchase property with the explicit intention of reselling it, often before the initial purchase is completed. These contracts must comply with Austrian property law, including the ABGB (Austrian Civil Code) and relevant real estate regulations. The document is particularly important in scenarios where investors or property developers seek to acquire properties for quick resale, requiring specific provisions for assignment rights, interim financing, and transfer mechanisms. It includes comprehensive sections addressing property description, purchase terms, assignment rights, and completion procedures, while ensuring compliance with Austrian land registry requirements and tax regulations. The agreement needs to balance the interests of the original seller, the wholesale buyer, and potential end purchasers, while maintaining legal certainty throughout the transaction chain.

What sections should be included in a Wholesaling Real Estate Contract?

1. Parties: Identification of all contracting parties including full legal names, addresses, and registration numbers for legal entities

2. Background: Context of the transaction and relationship between parties, including wholesaling intention

3. Definitions: Key terms used throughout the agreement, including Austrian legal terminology

4. Property Description: Detailed description of the real estate, including land register details (Grundbuch) and property identifiers

5. Purchase Price and Payment Terms: Purchase price, payment schedule, and escrow arrangements

6. Assignment Rights: Terms governing the buyer's right to assign or resell the property before closing

7. Due Diligence: Buyer's inspection rights and seller's disclosure obligations

8. Conditions Precedent: Conditions that must be met before completion, including regulatory approvals

9. Completion Process: Steps for closing the transaction and transferring title

10. Representations and Warranties: Statements about the property's condition and legal status

11. Tax Provisions: Allocation of tax obligations, including real estate transfer tax (Grunderwerbsteuer)

12. Registration and Notarization: Requirements for land register registration and notarial authentication

13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

14. Miscellaneous: Standard legal provisions including severability and entire agreement clauses

What sections are optional to include in a Wholesaling Real Estate Contract?

1. Financing Conditions: Include when buyer requires external financing for the purchase

2. Property Management: Include when the property includes ongoing tenancies or service contracts

3. Environmental Provisions: Include when the property has known environmental issues or risks

4. Development Rights: Include when the property has unused development potential or pending permits

5. Foreign Investment Provisions: Include when buyer is not an Austrian resident/entity

6. Agricultural Land Provisions: Include when property includes agricultural land subject to special regulations

7. Monument Protection: Include when property is subject to heritage protection (Denkmalschutz)

8. Broker Provisions: Include when real estate brokers are involved in the transaction

What schedules should be included in a Wholesaling Real Estate Contract?

1. Property Details: Detailed property description, including land register extract (Grundbuchauszug)

2. Title Documents: Copies of existing title documents and encumbrances

3. Property Plans: Site plans, building plans, and cadastral maps

4. Due Diligence Reports: Technical, legal, and environmental assessment reports

5. Existing Contracts: List and copies of relevant existing contracts affecting the property

6. Payment Schedule: Detailed breakdown of payment terms and milestone payments

7. Property Handover Protocol: Template for recording the physical handover of the property

8. Power of Attorney: Required powers of attorney for completion and registration

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
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